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Frequently asked questions regarding the complaints procedure
to the banking adjudicator
WHO MAY COMPLAIN?
Any customer of a bank with a turnover of less than R3 million
for the last financial year.
WHAT CAN I COMPLAIN ABOUT?
Complaints to the Adjudicator must relate to
• the products of your bank; or
• services and advice given by your bank’s own staff, even if
the product of another institution is the subject of the service;
or
• services and advice given by your bank’s agents in relation
to your bank’s own products.
WHEN CAN I COMPLAIN?
It is important that you lodge the complaint with your bank first.
This will give them the opportunity to investigate the matter
and to resolve the issues you are complaining about. If you still
feel that your complaint is unresolved (after you received an
answer from your bank), then you can approach the office of the
Banking Adjudicator.
HOW WILL COMPLAINT BE TREATED?
First of all, the Adjudicator’s office will need proof from you
that you referred the complaint to your bank and that you are
not satisfied with the outcome of that process. He will then accept
your complaint and refer it to a designated person or office at
your bank. The Adjudicator will give your bank a certain time
to respond to his office with all the relevant details on your
complaint.
HOW WILL MY COMPLAINT BE RESOLVED?
The Adjudicator will make a ruling on a matter, based on the facts
at his disposal, if the legal aspects and principles are reasonably
clear. The Adjudicator will make a recommendation on a matter
if the law is uncertain or if he is relying on the Code of Banking
Practice.
ACCEPTANCE BY BANKS
If the bank does not accept a ruling made by the Adjudicator,
it can appeal to an appeal panel, consisting of three retired
high court judges. If the customer is not satisfied with the ruling,
the matter can be pursued through the normal court process. A
Bank shall not be bound to accept a recommendation made by the
Banking Adjudicator, but if it does not do so, the Banking Adjudicator
shall have the power, at
his or her discretion, to publish the recommendation and the fact
that the Bank has refused to abide by it. The decision of the
Banking Adjudicator on this issue shall not be subject to appeal.
CONTACT DETAILS OF THE BANKING ADJUDICATOR
P O Box 5728
Johannesburg
2000
3rd floor
17 Harrison street
Johannesburg, 2001
Tel: (011) 838 0035/38/39
Fax: (011) 838 0043
email: Jodd@banking.org.za
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Newsletter:
30 July to 5 August 2010 - Howick, KwaZulu Natal, South Africa
